Wills & Probate

Will & Probate

Our Will & Probate Practice Group is dedicated to helping individuals and families plan with confidence and peace of mind. We specialize in estate planning, will drafting, probate administration, and inheritance matters, ensuring that your assets are distributed according to your wishes while complying with Cambodian laws.

HBS LAW has developed an excellent relationship with the key governmental authorities and is associated with HBS Notary Public to ensure our clients receive the best guidance, advice, and support.

Our team of experienced legal professionals provides personalized advice tailored to your specific needs, whether you are a local or foreign resident with assets in Cambodia. We guide clients through every step of the process, from drafting legally sound wills to handling complex probate proceedings efficiently and transparently.

With a deep understanding of Cambodian laws and a commitment to protecting your legacy, we strive to make estate planning and probate matters as seamless as possible. Whether you need assistance securing your family’s future or navigating legal challenges after the passing of a loved one, we are here to support you with clarity, professionalism, and care.

In Cambodia, a will is a written document in which a testator expresses his/her wishes regarding the distribution of his/her estate upon death. The testator can create the will on his/her own or have it drawn up by the notary public.

Forms of Will:

• Notarial or Authenticated Will: This type of will is written by the notary public according to your wishes regarding the distribution of your estate to heirs and beneficiaries. Once completed, the notary reads the will aloud in the presence of two witnesses, and all parties including the testator, witnesses, and notary sign it in each other’s presence.
•  Private Will: It is written by the testator in his/her handwriting including the date (day, month, and year) to ensure its validity, and the testator must sign the will.
• Secret Will: It is written by the testator, with its contents remaining confidential. The testator signs, seals it in an envelope, and gives it to a licensed notary public in the presence of two witnesses. The notary, the testator and the witnesses shall affix their signatures thereon.
• Certain people such as those under general guardianship or in imminent danger of death, or in custody, a deaf-mute person, or a Cambodian citizen living abroad, can make a will in a condition that specific formalities imposed by Cambodian law.

By Cambodian law, a notarial or authenticated will does not require probate approval from the court. However, both private and secret will must be presented to the court and undergo the probate process upon the testator’s death.

Our team provides comprehensive legal services to assist individuals and families in planning and managing their estate in compliance with Cambodian laws. We ensure that our clients’ assets are properly structured, their wishes are legally documented, and the probate process is handled efficiently. Our services include:

• Advising on the will drafting and review.
• Filing probate applications with Cambodian courts for the recognition and execution of wills (private will and secret will)
• Assisting with the legal distribution of assets when a person passes away without a will.
• Advising executors or appointed administrators on their legal duties and responsibilities.
• Representing clients in inheritance disputes or contested wills before the Cambodian Courts.
• Advising on the structuring estate donations.
• Providing certified translations and legal notarization for will-related documents.